1. Conditional Use Permit - Lost Horizon RanchPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Conditional Use Permit to operate a group home
MEETING DATE: January 4, 2010
BACKGROUND: The Kalispell City Planning Board met on December 8tn and held a public hearing
to consider a request from Lost Horizon Ranch, LLC to operate a group home in an existing single-
family residence zoned R-4 (Two -Family Residential). The group home, Montana Academy, will
accommodate eight or fewer young men or women ages 17-19.
The group home falls under a special provision in the state statutes, Section 76-2-412, M.C.A. that
gives the group home a specific "residential" status. Because of this special status no conditions may
be placed on the conditional use permit that would not otherwise apply to residences in general.
Additionally, a conditional use permit for the group home cannot be denied by the governing body and
the public hearing is intended as a forum for information and public comment.
The property consists of three lots located at the west side of 1st Avenue East approximately 100 feet
south of the intersection of lst Avenue East and 5th Street East. The property is currently developed
with a single family home with the address of 520 lst Avenue East. The property can be legally
described as lots 4, 5 and 6 of Block 85 Kalispell, located in Section 18, Township 28 North, Range
21 West.
The Kalispell Planning Department presented staff report KCU-09-10 and reviewed the proposed
group home. Planning staff noted that the applicants have been in contact with the immediate
neighbors and, based on comments from the neighbors, Lost Horizon Ranch, LLC wanted to add one
more condition to the two listed in the staff report. The additional condition would restrict the use
permit for the group home to the current property owners, Lost Horizon Ranch. If Lost Horizon
Ranch were to sell the property the use permit to operate a group home at this location would go
away. This is in contrast to the zoning ordinance which states that the use permit stays with the
land or building regardless of ownership. However, the applicants are in favor of this condition
because some neighbors had concerns that if Lost Horizon Ranch, LLC sold the property another
group home operated by a different company could start immediately without notifying the
neighborhood of a potentially new program. Staff recommended approval of the conditional use
permit subject to the conditions listed in the staff report. Staff also recommended the board
consider adding a third condition to address the ownership of the property coincide with the use
permit to address neighborhood concerns.
During the public hearing, two of the owners of Montana Academy, Dr. John Santa and Dr. John
McKinnon, and one employee spoke in favor of the proposed group home. Their comments
included how the program is run and security measures taken to insure the occupants of the group
home are monitored and secured during their time at the group home. Two others spoke in favor of
the group home, one of which lives within a block of the proposed group home. One neighbor
spoke against locating the group home in her neighborhood. She raised the following concerns
during her comments to the planning board:
1. Inadequate supervision at the group home during night time hours.
2. Prohibit the transfer of the CUP if Lost Horizon Ranch, LLC should eventually sell the
property.
3. Affect the group home would have on neighboring property value.
No one else wished to speak and the public hearing portion of the meeting was closed.
During the planning board's discussion the question of 24 hour staffing was raised to the planning
staff. Planning staff reviewed the state law regarding licensing and staffing requirements for these
types of group homes.
Following this discussion a motion was made and seconded to add a third condition to the
conditional use permit based on staffs recommendation to read as follows:
`The approval to operate a group home shall cease if the current property owner, Lost Horizon
Ranch, LLC, sells the property. Future property owners seeking to operate a group home or
other use listed under Section 76-2-412 M.C.A. shall apply for and receive a conditional use
permit prior to operating said use."
This motion was unanimously approved.
A planning board member then made a motion to add a fourth condition which would require
staffing at the group home whenever students are at the residence. The planning board member
still had a problem with the proposed supervision at the group home. His specific problem was
having one staff member walking or driving between 3 group homes, one of which is 8 blocks from
the other two. To him that did not meet the 24 hour supervision requirement. This motion failed
for the lack of a second.
The planning board then voted on a motion to recommend approval of the group home subject to
the three conditions as amended by the planning board. This motion passed on a vote of 6 to 1.
RECOMMENDATION: A motion to approve the conditional use permit would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted, i(
:�� a,-- 1
Sean Conrad Jane Howington
Senior Planner City Manager
Report compiled: December 16, 2009
Theresa White, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Lost Horizon Ranch, LLC
Attn: Gretchen Boyer
205 5th Avenue East
Kalispell, MT 59901
(406) 261-5569
LEGAL DESCRIPTION: Lots 4, 5 and 6 of Block 85 Kalispell, located in Section 18,
Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
ZONE: Two Family Residential, R-4
The applicant has applied to the City of Kalispell for a conditional use pen -nit to allow a
community residential facility as a transition home for boys or girls leaving the Montana Academy.
The facility will help the residents learn the tasks of young adulthood by supervising them as they
work or attend college.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
December 8, 2009, held a public hearing on the application, took public comment and recommended
that the application be approved subject to three conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use Report #KCU-09-10 as the Council's
findings of fact, and issues and grants to the above -described real property a conditional use permit
to allow a community residential facility in a Two Family Residential, R-4 zoning district subject to
the following conditions:
1. That all required licensing, inspections and approvals are obtained from the Private
Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in accordance
with state law, the Kalispell Fire Marshal and City Building Department.
2. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to
completion.
3. The approval to operate a group home shall cease if the current property owner, Lost Horizon
Ranch, LLC, sells the property. Future property owners seeking to operate a group home or
other use listed under section 76-2-412 M.C.A. shall apply for and receive a conditional use
permit prior to operating said use.
Dated this 4th day of January, 2010.
STATE OF MONTANA
: ss
County of Flathead
Tammi Fisher
Mayor
On this day of , 2010 before me, a Notary Public, personally
appeared Tan mi Fisher, Mayor of the City of Kalispell, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same on behalf of
the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
11• ' ' '•' & ZONING• 1 'II •' "
M1NUTES OF E
DEC2009EM33ER
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board
CALL
and Zoning Commission was called to order at 7:00 p.m.
Board members present were: Bryan Schutt, John Hinchey,
Rick Hull, C.M. (Butch) Clark, Chad Graham, Troy Mendius
and Richard Griffin. Sean Conrad and P.J. Sorensen
represented the Kalispell Planning Department. There were
7 people in the audience.
APPROVAL OF NIINUTES
Hinchey moved and Clark seconded a motion to approve the
minutes of the November 10, 2009 meeting of the Kalispell
City Planning Board and Zoning Commission.
ROLL CALL
The motion passed unanimously on a roll call vote.
PUBLIC COMMENT
No one wished to speak.
LOST HORIZON RANCH,
A request by Lost Horizon Ranch, LLC for a conditional use
LLC/ MONTANA ACADEMY
permit (CUP) to locate a transitional living program (defined
CONDITIONAL USE PERMIT
under the zoning code as a group home) for youths 17 to 19
in an existing single-family home located at 520 lst Avenue
East.
BOARD MEMBER STEPPED
Rick Hull recused himself from the discussion due to a
DOWN
conflict of interest and stepped down.
STAFF REPORT KCU-09-10
Sean Conrad, representing the Kalispell Planning
Department reviewed staff report KCU-09-10.
Conrad said this is a conditional use permit request for Lost
Horizon Ranch, LLC to operate a group home on lst Avenue
East located between 5th 8v 6th Streets East. The property is
zoned R-4 which is a two-family residential zoning district
and there is an existing house on the property. Operation of
a group home within the R-4 zoning district requires a
conditional use permit.
Conrad continued under State law group homes fall under a
specific "residential" status that indicates they are
permitted in all zones and a conditional use permit is
required for the governing body to conduct a public hearing,
to inform the public, and notify the neighborhood and he
added the city council cannot place any conditions on the
permit that would not otherwise be placed on a typical
residence within the city.
Conrad added the board reviewed a similar proposal from
Lost Horizon Ranch about 6 months ago where the
proposed location was on 3rd Street East in the vicinity of
their 2 existing group homes. At that time the neighborhood
Kalispell City Planning Board
Minutes of the meeting of December 8, 2009
Page 1 of 9
expressed their concerns that adding a 3rd home to their
neighborhood was pushing the limits so the owners of the
Montana Academy elected to withdraw that application and
have now applied for the new location on Ist Avenue East.
Conrad reviewed the immediate area and surrounding uses
for the board. He also reviewed the location of the current
group homes operated by Montana Academy in relation to
this proposed location for a 3rd group home.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report #KCU-09-10 as
findings of fact and recommend to the Kalispell City Council
that the conditional use permit be approved subject to the 2
conditions listed in the staff report.
Conrad reviewed the two conditions listed in the staff report
and noted staff is recommending the addition of condition #3
that would read as follows: "The approval to operate a group
home shall cease if the current property owner, Lost Horizon
Ranch, LLC, sells the property. Future property owners
seeking to operate a group home or other use listed under
Section 76-2-412 M.C.A. shall apply for and receive a
conditional use permit prior to operating said use."
Conrad added after the staff report was distributed he spoke
with the staff at the Montana Academy who have approached
all of the neighbors along 1 st Avenue East and noted a
neighbor was concerned that if the property were to sell the
group home conditional use permit would stay with the
property. Therefore condition #3 is recommended for
consideration and would provide the need for additional
review and approval and notification of the neighbors should
another type of group home be considered for this property in
the future.
Conrad noted the board received letters in their packets from
non-profit organizations, including Conrad Mansion and the
Food Bank indicating their support for what the Montana
Academy students do in the community.
BOARD QUESTIONS Griffin said in looking at this facility and dimensions of the
home it appears too small to accommodate up to 8 students
and a staff member. Conrad suggested Griffin mention this
to the applicant so they can address his concern.
APPLICANT/ CONSULTANTS John Santa, Montana Academy introduced his wife Carol
Santa and John and Rosemary McKinnon, who are the
owners of Lost Horizon Ranch. Santa said they have owned
and operated the Montana Academy for about 13 years and
they have operated the 2 group homes on the east side of
Kalispell for about 7 years.
Kalispell City Planning Board
Minutes of the meeting of December 8, 2009
Page 2 of 9
Santa said they have had an unpredictable flow of students
and so at times they have needed a 3rd group home. After
withdrawing the application for the home on 3rd Street East
they selected a house that is still in a nice neighborhood but
is close to Kalispell's downtown commercial area and would
be a lesser impact to the community than the previous
location. The kids, who almost all are 18 at this point, need a
normal home environment. They are in transition between
high school, which they are finishing at FVCC, and college
either here or in other parts of the country. They also do
community service work. Santa added the students are not
adjudicated youth, criminals, sex offenders, or of any
particular danger to the community. They are teenagers who
when they first come to the school have been out of control
or over-whelmed and not able to function in their home
environments.
Each home is staffed during the day and evening and at
night there is a staff person who patrols the homes and does
bed checks every hour on a random schedule. The bed
checks assure the students that they are safe and lets them
know staff knows where they are.
Santa continued in addressing the concern raised by Mr.
Griffin, the new house is 2400 square feet with a 900 square
foot basement with 3 large egress windows that would be
fmished and he felt there would be ample space for 8
students, if needed. Santa said they are not expanding their
program in any way but trying to accommodate the fact that
they cannot always predict how many students will be ready
to transition to town.
Santa added they have no issues with the addition of
condition #3 that was recommended by staff.
Hinchey said he heard conflicting statements about 24 hour
staffing at night and Santa explained at night when students
are sleeping in the houses there is one night staff person who
stays awake and patrols the houses every hour on a random
basis. The houses are also alarmed so that if anyone were to
exit the windows or doors it would trigger an auditory alarm
along with an alarm that will notify the night staff. The
smoke/fire alarm will also be wired directly to the Kalispell
Fire Department.
Hinchey asked what problems have they had with students
walking away or other disturbances and Santa said in 7
years they have never had a problem reported at night but
there was a time when one of the kids did some damage at
Woodland Park, which he confessed to and made
arrangement to pay for the damages. Santa said they have
had a few kids runaway but most have returned. He added
by the time they get to the transition houses they are usually
18 and want to finish their program.
Kalispell City Planning Board
Minutes of the meeting of December 8, 2009
Page 3 of 9
Griffin said recently schools like this have been closing due
partly to the economy and he said when programs have tight
funding, maintenance of the property is usually one of the
first items to be cut. Santa said they have a good reputation
and well -kept facilities are expected. A large portion of their
operating budget is for maintenance of the facilities and they
have $100,000 each year for capital improvements. They are
in good financial shape and have very few outstanding debts.
Santa indicated during discussions for the last proposed
CUP a neighbor mentioned the need for the sidewalk to be
repaired along Lost Horizon's property and they did replace
the sidewalk using the city's matching funds program.
Clark asked if the awake night staff would be walking from
the other 2 houses to the 3rd house to do patrols and Santa
said they will most likely use a car because of the distance
between them.
Clark asked about the alarm system and Gretchen Boyer,
285 Rusty Spur Trail, Whitefish, and manager of the
Montana Academy group homes said the houses are alarmed
by Anchor Alarm and they are tied into their system so
whenever an alarm is triggered the night staff gets a call
within 15 seconds. And, she said, as Dr. Santa mentioned
the smoke/fire alarms are wired directly to the Kalispell Fire
Department.
Hinchey asked if the alarms have ever gone off and Santa
said the only time a smoke alarm has gone off was when they
were cooking. Hinchey asked have you ever encountered a
resourceful teen who has tried to hot wire the alarm and get
out the window and Santa said no. Clark added that is very
commendable.
John McKinnon, 465 Orchard Ridge Road in Kalispell said he
spoke with Ed Corrigan who lives immediately south of this
property and Ed said there is a great deal of ignorance about
their program and the kids they care for which causes people
to worry about who may live there and the security measures
that are or are not taken to keep the neighborhood safe.
McKinnon said over the years they have been lucky enough
to be in demand and they are selective about the kids, and
their parents, that they will accept into their program. The
kids they choose have never assaulted anyone, or broken
into a house, never been arrested, and do not have felony
convictions. The kids that are living in one of the group
homes in town are not the sort of kids that you have to worry
about harming someone - they didn't before they came, they
didn't at the ranch and they don't bother the neighbors at
the current group homes. McKinnon encouraged the board to
contact them for additional information on their program and
invited them to visit their facilities.
Kalispell City Planning Board
Minutes of the meeting of December 8, 2009
Page 4 of 9
PUBLIC HEARING Sue Corrigan, 528 1st Avenue East said she lives directly next
door to the proposed group home. Corrigan said they are
opposed to the group home. This is, as she understands it, a
done deal because according to statutory law they cannot be
treated any differently than residences which is very
frustrating for them because they can't have more of a voice
in this process. She said they have 3 main concerns that
they would like the planning board to address:
1. Supervision aspect - Corrigan said she knows they are
very selective about their students and she added she
works with at risk students at Flathead High School.
Although she does not have the credentials the owners
of Montana Academy do but she lives right next door
to this home which she feels gives her good
credentials. She said included in the definition of a
residential group home is there has to be 24 hour
supervision and she does not feel that the night
staffing described by Dr. Santa is 24 hour supervision.
The distance between this group home and the others,
whether the night staff drives or walks, will prevent
the night staff from providing the same level of
supervision that the other group homes receive. Their
neighborhood is right off Main Street and there are
many people coming from the downtown bars, walking
down their alley, drinking beer, and throwing their
beer cans around. The current group homes have
never been this close to that type of temptation and
the kids may make some poor decisions without
supervision. Corrigan added high school students
need guidance and supervision and she asked the
board to consider enforcing the requirement for 24
hour supervision.
2. The inability to transfer the CUP - Corrigan said she is
happy to hear that the Montana Academy does not
have any problems with the inclusion of that
condition. Their fear is that someone else could run
group home for 17-19 year old students who don't
come from such a reputable background and don't
have the training or coaching that the Montana
Academy provides.
3. Property Value - Corrigan said in looking through the
variances the conditional use permit can be denied
based on how it affects the adjacent properties. They
are currently talking to several realtors to get an idea
of how being next door to this group home will affect
their property value and the ability to sell their home.
She asked if the board would want to buy a home
right next to a group home, no matter who operates it.
Corrigan said Montana Academy says they want to honor the
desires of the neighborhood and if they truly want to do that
Kalispell City Planning Board
Minutes of the meeting of December 8, 2009
Page 5 of 9
they would consider their concerns, especially in regard to
the issue of supervision. Corrigan said several of her
neighbors have lived there, one for 55 years, long before
State law 76-2-412 was in effect and had no idea something
like this could happen in their neighborhood. Yes this group
home is right up against the business district but it is still a
family neighborhood where they take care of each other. She
thanked the board for their consideration of her concerns.
Clark asked Mrs. Corrigan if she considers the conditions of
the State statute what does she expect the board to do and
Corrigan said listen to the concerns of the neighbors and add
a condition requiring 24 hour supervision. Clark said he feels
they are already providing 24 hour supervision with the bed
checks but Corrigan disagreed and added having someone
walk or drive between the homes is not 24 hour care.
Jennifer Hull, 436 5th Avenue West stated she lives 2 blocks
north of Flathead High School. She said her neighborhood
has trouble with the students from the high school such as
littering, vandalism, slashing tires and their property values
have not gone down. She thinks the private school will have
a lot more supervision than the students from Flathead High
School which will make it much safer for the neighbors.
Maureen Bessey, 543 1st Avenue East thanked Gretchen
Boyer who came to her house and spent about 1-1/2 hours
discussing what the Lost Horizon Ranch and Montana
Academy is all about. She said Boyer was able to address her
concerns and she appreciates the board addressing the same
issues. Bessey said she is the 3rd generation in their home so
they are not concerned about resale value of her house but
she does appreciate the concerns of her neighbors. However,
she added the Montana Academy is a class act and they
won't be dealing with the level of kids you would see in court
appointed situations. It is commendable that Montana
Academy offers a place for kids to get their lives back
together, teaches them moral and ethical values, provides
interaction and mentoring, and teaches the students
personal responsibility to learn and a sense of neighborhood.
She added actions speak louder than words so we shall see.
MOTION Clark moved and Mendius seconded a motion to adopt staff
report #KCU-09-10 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subject to the 2 conditions listed in the staff report.
BOARD DISCUSSION Clark asked staff to address the issue of 24 hour
supervision and Conrad reviewed the letter received from
the Department of Health and Human Services (DHHS)
signed by Roy Kemp during the review of the previous
location for a group home. The letter states the DHHS does
not approve these type of licenses and it is deferred to a
Kalispell City Planning Board
Minutes of the meeting of December 8, 2009
Page 6 of 9
Private Alternative Adolescent Residential and Outdoor
Programs (PAAROP) board which is run under the
Department of Labor. Conrad contacted them and was
directed to their website and the chapter that governs
programs such as the Montana Academy. Conrad said it is
his understanding in relation to care and staffing that the
Montana Academy would develop their written policies and
procedures and then the PAAROP board approves those
policies. Conrad added there is not a clear definition of 24
hour staffing in that chapter.
Dr. Santa said Conrad was correct when he described their
licensing. The board recognizes different kinds of programs
require different kinds of staffing. Santa continued when
they started the 2 transitional homes they used the method
of having an overnight staff sleeping in each house but they
changed to the awake staff with patrols that they are
currently using because they felt it was safer.
Clark asked Mrs. Corrigan if that answered her questions
and she said it may answer Clark's questions but it doesn't
alleviate her concerns.
Griffin said he has worked with people in this age group for
most of his life and he thinks the dictating factor would be
one of legal liability. He would not want to be operating one
of these homes without some assurance that there is 24
hour supervision and if a parent is paying out thousands of
dollars a year for their kid to attend this program he would
think they would have the same concern. However, Griffin
continued, this is a residence within the City of Kalispell so
it comes under the jurisdiction of police and fire which will
provide some assurances things won't get out of control.
Graham asked if staff feels condition # 1 is met with the
letter from Mr. Kemp and Conrad said no with approval of
the CUP they will still have to go to the PAAROP board to get
this additional group home licensed. Santa said by adding
the new facility the PAAROP board will complete a review
and renewal of their license. He added they have one license
for their entire program, including the group homes.
MOTION - ADD CONDITION Clark moved and Graham seconded a motion to add
#3 Condition #3 to read, "The approval to operate a group home
shall cease if the current property owner, Lost Horizon
Ranch, LLC, sells the property. Future property owners
seeking to operate a group home or other use listed under
Section 76-2-412 M.C.A. shall apply for and receive a
conditional use permit prior to operating said use."
ROLL CALL - ADD I The motion passed unanimously on a roll call vote.
CONDITION #3
Kalispell City Planning Board
Minutes of the meeting of December 8, 2009
Page 7 of 9
BOARD DISCUSSION
Hinchey said he knows that the academy is very well
respected and does terrific work and he appreciates the fact
that they listened to the planning board's concerns and the
concerns of the neighborhood at the other location last
June and withdrew the application. However, Hinchey said
he still has a problem with the supervision. In addition the
PAAROP board hasn't approved the plan of having their
awake staff walking or driving between 3 houses especially
with this proposed location 8 blocks away. Hinchey said to
him that does not mean 24 hour supervision but live-in
sleeping staff does.
MOTION - ADD CONDITION
Hinchey made a motion to add Condition #4 that would
#4
require a staff member be present at this location whenever
the students are in residence.
The motion failed due to lack of a second.
BOARD DISCUSSION
Clark said having someone awake and patrolling alleviates
the concern he had with 24 hour supervision.
ROLL CALL
The original motion, as amended, passed on a roll call vote
of 6 in favor and 1 opposed.
BOARD MEMBER
Rick Hull returned to his seat on the board.
RESEATED
OLD BUSINESS:
None.
NEW BUSINESS:
Zoning Ordinance Update
P.J. Sorensen said as the board is aware they have had a
series of work sessions since March discussing an update to
the zoning ordinance and everything has been covered. An
open house was held in November where approximately 80
invitations were sent to architects, builders, community
groups, etc., and a few board members and architects did
attend so staff feels we are ready to move forward to a
public hearing.
Sorensen said staff is requesting the board make a motion
to direct staff to hold a public hearing on the update to the
City of Kalispell Zoning Ordinance on January 12, 2010.
Schutt noted that is usually the time of year when the city's
budget meetings are in full swing and asked if that would be
a problem but Sorensen said it would be better to hold the
hearing now then later in the spring.
MOTION
Clark moved and Schutt seconded a motion to direct staff to
hold the public hearing before the planning board on the
update of the Kalispell City Zoning Ordinance on January
12, 2010.
Kalispell City Planning Board
Minutes of the meeting of December 8, 2009
Page 8 of 9
PLANNING FOR THE FUTURE
December 15, 2009
Jane Howington, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit to operate a group home
Dear Jane:
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (4017 758-7940
Fax: (4017 758-7739
www.kalispeU.com/planning
The Kalispell City Planning Board met on December 8th and held a public hearing to consider a
request from Lost Horizon Ranch, LLC to operate a group home in an existing single-family
residence zoned R-4 (Two -Family Residential). The group home, Montana Academy, will
accommodate eight or fewer young men or women ages 17-19.
The group home falls under a special provision in the state statutes, Section 76-2-412, M.C.A. that
gives the group home a specific "residential" status. Because of this special status no conditions may
be placed on the conditional use permit that would not otherwise apply to residences in general.
Additionally, a conditional use permit for the group home cannot be denied by the governing body and
the public hearing is intended as a forum for information and public comment.
The property consists of three lots located at the west side of lst Avenue East approximately 100 feet
south of the intersection of lst Avenue East and 5th Street East. The property is currently developed
with a single family home with the address of 520 lst Avenue East. The property can be legally
described as lots 4, 5 and 6 of Block 85 Kalispell, located in Section 18, Township 28 North, Range
21 West.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-10 and
reviewed the proposed group home. He noted that the applicants have been in contact with the
immediate neighbors and, based on comments from the neighbors, Lost Horizon Ranch, LLC wanted
to add one more condition to the two listed in the staff report. The additional condition would restrict
the use permit for the group home to the current property owners, Lost Horizon Ranch. If Lost
Horizon Ranch were to sell the property the use permit to operate a group home at this location
would go away. This is in contrast to the zoning ordinance which states that the use permit stays
with the land or building regardless of ownership. However, the applicants are in favor of this
condition because some neighbors had concerns that if Lost Horizon Ranch, LLC sold the property
another group home operated by a different company could start immediately without notifying the
neighborhood of a potentially new program. Staff recommended approval of the conditional use
permit subject to the conditions listed in the staff report. Staff also recommended the board
consider adding a third condition to address the ownership of the property coincide with the use
permit to address neighborhood concerns.
During the public hearing, two of the owners of Montana Academy, Dr. John Santa and Dr. John
McKinnon, and one employee spoke in favor of the proposed group home. Their comments
included how the program is run and security measures taken to insure the occupants of the group
home are monitored and secured during their time at the group home. Two others spoke in favor of
the group home, one of which lives within a block of the proposed group home. One neighbor
spoke against locating the group home in her neighborhood. She raised the following concerns
during her comments to the planning board:
1. Inadequate supervision at the group home during night time hours.
2. Prohibit the transfer of the CUP if Lost Horizon Ranch, LLC should eventually sell the
property.
3. Affect the group home would have on neighboring property value.
No one else wished to speak and the public hearing portion of the meeting was closed.
During the planning board's discussion the question of 24 hour staffing was raised to the planning
staff. Mr. Conrad reviewed state law regarding licensing and staffing requirements for these types
of group homes.
Following this discussion a motion was made and seconded to add a third condition to the
conditional use permit based on staffs recommendation to read as follows:
The approval to operate a group home shall cease if the current property owner, Lost Horizon
Ranch, LLC, sells the property. Future property owners seeking to operate a group home or
other use listed under Section 76-2-412 M.C.A. shall apply for and receive a conditional use
permit prior to operating said use"
This motion was unanimously approved.
A planning board member then made a motion to add a fourth condition which would require
staffing at the group home whenever students are at the residence. The planning board member
still had a problem with the proposed supervision at the group home. His specific problem was
having one staff member walking or driving between 3 group homes, one of which is 8 blocks from
the other two. To him that did not meet the 24 hour supervision requirement. This motion failed
for the lack of a second.
The planning board then voted on a motion to recommend approval of the group home subject to
the three conditions as amended by the planning board. This motion passed on a vote of 6 to 1.
Please schedule this matter for the January 4, 2010 regular City Council meeting. You may contact
this board or Sean Conrad at the Kalispell Planning Department if you have any questions
regarding this matter.
Sincerely,
Kalispell City Planning
Board
Bryan H. Schutt
President
Attachments: Conditions of Approval
Staff Report #KCU-09-10 and supporting documents
Draft minutes from the 12/8/09 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Lost Horizon Ranch, LLC, Attn: Gretchen Boyer, 205 5+h Avenue East, Kalispell, MT
59901
EXHIBIT A
LOST HORIZON RANCH, LLC
KALISPELL CITY PLANNING BOARD
DECEMBER 8, 2009
The Kalispell City Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on December 8, 2009. The following conditions are
recommended with approval of the conditional use permit:
1. That all required licensing, inspections and approvals are obtained from the Private
Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in
accordance with state law, the Kalispell Fire Marshal and City Building Department.
2. That commencement of the approved activity must begin within 18 months from the
date of authorization or that a continuous good faith effort is made to bring the project
to completion.
3. The approval to operate a group home shall cease if the current property owner,
Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to
operate a group home or other use listed under section 76-2-412 M.C.A. shall apply
for and receive a conditional use permit prior to operating said use.
LOST HORIZON RANCH, LLC
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-09-10
DECEMBER 1, 2009
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to locate a group home in an existing home in an R-4,
Two Family Residential, zoning district. A public hearing on this matter has been
scheduled before the Planning Board for December 8, 2009 beginning at 7:00 PM, in the
Kalispell City Council Chambers. The planning board will forward a recommendation to the
Kalispell City Council for final action.
BACKGROUND INFORMATION: The proposed group home, Montana Academy, will
accommodate eight or fewer young men or women in an existing home located at 520 lst
Avenue East. The group home falls under a special provision in the state statutes, Section
76-2-412, M.C.A. that gives the group home a specific "residential" status. Because of this
special status no conditions may be placed on the conditional use permit that would not
otherwise apply to residences in general. Additionally, a conditional use permit for this
facility cannot be denied by the governing body and the public hearing is intended as a
forum for information and public comment.
In June of this year Lost Horizon Ranch, LLC had applied for another group home,
conditional use permit # KCU-09-07, approximately seven blocks to the east of this site. In
that proposal, Lost Horizon Ranch, LLC was requesting one more group home in an
immediate neighborhood where two of their group homes were already established. There
was neighborhood concern that a third group home in the neighborhood would detract from
the single family residential character of the area. After discussions with the neighbors
John Santa, co-owner of Montana Academy, elected to withdraw the conditional use permit
application. The proposed conditional use permit application would now place a group
home outside of the immediate neighborhood where the two existing group homes are
established.
In addition to concerns with the number of group homes in a neighborhood setting, an
issue about proper licensing was brought up during the review of the previous conditional
use permit # KCU-09-07. State law requires group homes to be licensed by the Department
of Public Health and Human Services (DPHHS). Information submitted by Lost Horizon
Ranch, LLC showed licensing was issued not by DPHHS but by the Private Alternative
Adolescent Residential and Outdoor Programs (PAAROP) Board. Questions regarding the
legitimacy of the PAAROP Board to approve such uses was brought up at the planning
board hearing. In a letter from Roy Kemp, Deputy Administrator, of DPHHS dated July 8,
2009 (copy attached) he states that the PAAROP Board is the licensing entity for programs
such as Montana Academy rather than DPHHS. His letter concludes by stating, "I believe
the Montana Academy's residential program is properly and appropriately licensed, and
monitored, as required by law."
Petitioner: Lost Horizon Ranch, LLC
Attn: Gretchen Boyer
205 5th Avenue East
Kalispell, MT 59901
(406) 261-5569
A. Size and Location: The property consists of three lots located at the west side of 1st
Avenue East approximately 100 feet south of the intersection of l st Avenue East and
5th Street East.. The property is currently developed with a single family home with
the address of 520 lat Avenue East. The property can be legally described as lots 4,
5 and 6 of Block 85 Kalispell, located in Section 18, Township 28 North, Range 21
West.
Figure 1: View of the future group home from lat Avenue East.
B. Summary of Request: Lost Horizon Ranch, LLC owns and operates the Montana
Academy, a high school campus on a 400+ acre ranch in Lost Prairie. The Montana
Academy is a therapeutic boarding school that emphasizes both treatment, through
individual, group and family therapy, and education.
As students mature and progress through the program in Lost Prairie, Montana
Academy has set up transition homes in Kalispell. The goal of the transition home is
to provide students with a gradual step down from the structure of the Academy and
offer students a chance to practice their new skills in a less structured environment.
The Academy currently operates two transition homes in the east side neighborhood.
The proposed group home would act as an overflow home for the two existing group
homes. The proposed group home would allow a maximum of 8 young adults of a
single sex, ages 17 through 19, occupying the house at any one time.
2
The Academy provides staffing 24 hours a day. During daytime hours when
students are at work or school, one staff member is present at the existing group
homes in the neighborhood for emergencies. After 3pm a staff member is present in
each group home until midnight. From midnight to Sam one staff member visits
each of the group homes to perform bed checks every hour on a random schedule
that averages one visit every 40 minutes all night. Each house is also fully alarmed
on doors and windows and the night staff is notified within 15 seconds if an alarm
has been triggered.
C. Eadsting Land Use and Zoning: The property is zoned R-4, Two Family
Residential, and is developed with a house.
D. Adjacent Land Uses and Zoning: The immediate area along 18t Avenue East is a
transitional zone between the commercial development north of 5th Street East and
the primarily residential development south of 5th Street East. The 500 block of 1st
Avenue East includes professional offices on the northern end with residential
homes making up the remaining east and west sides of the street. An aerial view of
the neighborhood is shown in figure 2 below.
Figure 2: Aerial view of the group home property and adjacent properties
3
E. Relation to the Growth Policy: The current Kalispell
designates the west side of 1 st Avenue East as commercial.
designation provides for a mixture of retail, offices,
development. This land use designation promotes zoning
commercial and/or residential. The R-4 zoning distric
F. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
t
This application has been reviewed in accordance with the conditional use review criteria in
the Kalispell Zoning Ordinance.
1.
2.
Site Suitability:
a. Adequate Useable Space: The property is 10,500 square feet in size and
contains an existing house with a small shed along the back alley. There is
adequate space on the site for the proposed use as a group home.
b. Adequate Access: The property is accessed off of 1st Avenue East, an
approximately 34 foot wide street. The existing access is adequate to serve
the group home and its occupants.
C. Environmental Constraints: There are no obvious environmental constraints
apparent on the property.
Appropriate Design:
a. Parking Scheme: The property will be used as a group home however the
young adults living in the home will not have their own cars. Since the group
home is considered a single family residential use per state law, the Kalispell
Zoning Ordinance requires two off-street parking spaces per single family
residential home. The existing area off of the alley meets the requirement for
the required off-street parking.
b. Traffic Circulation: One to two staff vehicles may be present during the day
and night hours. The use of the house as a group home is not expected to
significantly alter current traffic circulation in the neighborhood.
2
C. Open Space: No specific open space requirements are required under the R-4
zoning district other than the required setbacks.
d. Fencing/Screening/Landscaping: The
typical of a residential neighborhood.
current landscaping on the site.
existing house has grass landscaping
No changes are proposed from the
e. Signage: No signs have been proposed as part of the application.
3. Availability of Public Services/Facilities:
a. Schools: This site is within the boundaries of School District #5. No impact
is anticipated with the proposed use.
b. Parks and Recreation: There should be no significant impact on the parks
and recreation programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the proposed
use.
e. Water: City water currently serves the existing house. No significant impact
on water services can be anticipated as a result of this use.
f. Sewer: Sewer service is currently provided by the City of Kalispell. No
significant impacts on City sewer services can be anticipated as a result of the
proposed use.
g. Storm Water Drainage: Storm water runoff from the street and driveways is
directed south of the site to existing storm water drains.
h. Solid Waste: Solid waste pick-up is provided by the City. This project will
have no impact on current services.
i. Roads: First Avenue East serves as the access street to the group home. The
street is in good condition.
4. Neighborhood impacts: The group home will be located in a well -established urban
commercial/residential neighborhood. Impacts to the neighborhood should be
relatively insignificant as the young adults will be working or at school during the
day with staff supervision in the evening and night hours. Traffic will be limited to
the staff as the young adults will not have access to a personal vehicle.
5. Consideration of historical use patterns and recent changes: This area has
historically included residential housing with little change over the years.
5
6. Effects on property values: No significant negative impacts on property values
are anticipated. As previously mentioned, the proposal is compatible with the
neighborhood, will not create any adverse impacts with regard to noise or traffic
and the use of a house as a group home will have little impact on surrounding
neighbors.
�ZaXGIGMIM•
The staff recommends that the planning board adopt the staff report #KCU-09-10 as
findings of fact and recommend to the Kalispell City Council that the Conditional Use
Permit be approved subject to the following conditions:
That all required licensing, inspections and approvals are obtained from the Private
Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board in
accordance with state law, the Kalispell Fire Marshal and City Building Department.
2. That commencement of the approved activity must begin within 18 months from the
date of authorization or that a continuous good faith effort is made to bring the
project to completion.
[:I
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: 1A1 1 It Y
OWNER(S) OF RECORD: `_
Name: �>r "f ' A A V f + ��C: �/11"6 bey .
Mailing Address: ';)�o 1s,'— >'f Vgnae E-a -
City/State/Zip: kAJf of I 1 1" ( 5J 1 cl d / Phone:
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name:
Mailing Address: % b 5 6-1-1Y k%e L W ✓Ast
City/State/Zip: Phone: �,� — GJS�2G1
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street - i-- Sec. Town- o Range
Address: ��-y
10 k (�S No. � ship Z (= No.
Subdivision f * j I Tract Lot `'1 / S i tP Block
Name: IUI IC O O( _k.(I Ili l No(s). No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
A
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing.
1
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j . Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
4. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
Applicant Signature 6ate
2
ontana
C,4 y
Application for Conditional Use Permit
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses. 520 1st Avenue East is located in a residential neighborhood.
The area surrounding this location has a mix of residential homes and businesses. The
area to the North and West is occupied by commercial establishments, while the are to
the South and East is primarily residential homes.
b. Dimensions and Shape of lot. - See Attached Map
c. Topographic Features - The lot is flat and encompasses 3 city lots with a new home
located on the East edge of the property.
d. Size and Location of Existing buildings — See Attached Map
e. Size and Location of Proposed Buildings — There are no proposed buildings at this
time.
f. Existing use of structures and open areas — 520 1" Avenue East contains a newly
constructed single family dwelling and an older single car garage in back of the lot.
g. Proposed used of structures and open areas - We anticipate using 520 1" Avenue East
as one of the homes for transitional students from Montana Academy. We have used
305 5th Ave East and 205 5th Av. East as transition homes for more than six years. 520 lst
Avenue East would be used for a similar purpose and staffed in the same fashion.
h. Existing and proposed landscaping and fencing. —. The front yard and most of the
backyard are basically landscaped. The back end of all 3 lots are not landscaped at this
time. This will be seeded with grass in the spring. There is a fence on the neighbors
property to the South and we might place a fence on the North side of the back yard to
screen the house from a commercial building and parking lot.
South Side of 520 1st Avenue East
North Side of 520 1" Avenue East
Front View of 520 1" Avenue East
Back View of 520 1" Avenue East
antana
caderh y
Application for Conditional Use Permit
Further Explanation of Montana Academy
Montana Academy, Inc. was founded in 1997 and remains owned and operated by two
married couples, John McKinnon, M.D. and his wife Rosemary McKinnon, MSW, and
John Santa, Ph.D. and his wife Carol Santa, Ph.D. Both families have lived in Kalispell,
worked as professionals in the community, and raised their families in Kalispell. They
continue to own and operate Montana Academy. In the past twelve years Montana
Academy has grown considerably. We now have a fully accredited high school on a 400
acre ranch campus in Lost Prairie with 70 students from all parts of the country. We also
have two transition homes on the East side of Kalispell that we have operated for the past
six years with 10-16 students who have completed their work on campus. The current
transition houses are located at 205 and 305 5t' Ave East. Montana Academy employs
more than 70 employees with an annual payroll in excess of three million dollars.
Montana Academy is a therapeutic boarding school that emphasizes both treatment and
education. We endeavor to provide sophisticated clinical expertise in a simple
environment. Montana Academy combines intensive individual, group, and family
therapy with a first rate academic high school curriculum in a remote ranch setting. The
residential program is licensed by the state of Montana, accredited by the Joint
Commission on Accreditation of Health Care Organizations, and we are also accredited
as a degree granting high school by the Northwest Association of Accredited Schools,
and by the National Independent Private School Association. .
Our students are bright, underachieving high school students who, for a variety of
reasons are failing to achieve their potential in their urban home environments.. They
are all privately placed with us by their parents, and none are placed by court order or
social service agencies. All of their parents remain highly committed and visit their
students every few months. We have created a highly professional, nurturing, and
structured boarding school environment that allows students to mature, grow up, and get
back on track in a healthy environment. Nearly 90 percent of our students graduate from
high-school and continue on to college. We have students accepted and attending a
variety of first rate state universities as well as many prestigious private colleges and
universities such as Brown, Dartmouth, Lewis and Clark, Smith, Stanford, University of
Chicago Willamette, and Whitman.
As students mature and progress through our emotional growth program in Lost Prairie,
many of the older students who are headed to college need a transitional experience that
is less structured and remote than the ranch. We have established the Transition homes in
Kalispell with the goal of providing a gradual step down from the structure of the
Academy, offering students a chance to practice their new skills in a less structured
environment.
The Transition Home provides a semi -structured environment for young adults to learn
how to live more independently. They attend Flathead Valley Community College, and
provide regular volunteer work for a wide variety of community programs and
businesses. Altogether, our students provide between 100 and 200 hours of weekly
volunteer time. Students work at The Flathead Food Bank, The Habitat for Humanity
Resale Store, Central School Museum, The Conrad Mansion, Gresko's Bakery,
Woodland Montessori School, The Center for Restorative Youth Justice, and Montana
Coffee Traders. We also pick up recycling from houses in our neighborhood twice a
month for proper disposal. We have a good relationship with our neighbors and work
hard to keep our properties in accordance with neighborhood standards.
Our staff are available 24 hours a day for our students. During daytime hours students
are at work and college, and we have one staff to keep a house open and to be available
for emergencies. After 3pm we have one staff working in each house. At night we have
an awake night staff that walks between the homes and keeps students and our homes
safe.
ont M4
cad�m�
Application for Conditional Use Permit
3. On a separate sheet of paper, discuss the following topics relative to the proposed use:
a. Traffic Flow and Control Students are not allowed to have, or operate, vehicles.
Therefore parking requirements will ordinarily be limited to one staff vehicle, but
on occasions another staff vehicle will be present.
b. Access to and Circulation within the property - Access will not change to this
property.
c. Off -Street Parking and Loading — There is a parking area behind the house that
can accommodate our parking needs.
d. Refuse and Service Areas — We will have the city install a container to
accommodate our refuse.
e. Utilities — These will remain the same as the residential area.
f. Screening and Buffering — There are no issues in this area
g. Signs, yards and open spaces — We will have no signs identifying our program;
our students will live as good neighbors of the area.
h. Height, bulk and location of structures — All structures will remain the same.
i. Location of proposed open space uses — Not Applicable
j. Hours and manner of operation —
The Montana Academy transition home will operate 24 hours a day. 520 1st
Avenue East will be supervised by staff in accordance to our program policies.
Please see separate sheet for a more detailed description of our program.
k. Noise, light, dust, orders, fumes and ventilation — We do not anticipate any issue
in these areas.
Montana Academy is licensed by the Private Alternative Adolescent Residential
Program board (PAARP) , a professional licensing board under the authority of the
department of labor for the State of Montana. The PAARP board has established rules of
operation that require programs to adhere to standards of best practice and safety.
However, given the variety of programs that the board licenses they have chosen not to
establish fixed rules for staffing ratios as the need depends considerably on the type of
program. The PAARP board currently licenses programs ranging from those that have
only a few students living in a private residence, much like a foster home, through
programs that have dormitories and operate much like conventional boarding schools.
Montana Academy's transition homes serve students who have completed our program
on campus, are seniors in high school, and are typically 18 or nearly so. Each house
contains 4-8 students of a single sex with one or more staff present whenever the house is
open between Sam and midnight. From midnight to Sam we have one awake staff who
patrols our homes. Night Staff are required to visit each home and perform bed checks
every hour on a random schedule that averages one visit every 4o minutes all night.
Furthermore, each house is fully alarmed on doors and windows and the night staff is
notified within 15 seconds if an alarm has been triggered.
DEPARTMENT OF
PUBLIC HEALTH AND HUMAN SERVICES
Brian Schweitzer Anna Whiting Sorrell
GOVERNOR DIRECTOR
STATE OF MONTANA
www.dplihs.int.gov
Mr. Sean Conrad, Senior Planner
City of Kalispell,
201 First Ave. East
P.O. Box 1997
Kalispell, MT 59901
Re: Montana Academy Residential Program
Dear Mr. Conrad,
130 BOX 4210
14ELENA. MT 596044210
E e IE 0 IV� (406)444-5622
X (406) 444-I970
July 8, 2009 JUL 2 A"', ZU09
KALISPELL PLANNING DEPARTMENT
Please allow me to introduce myself. I am the Deputy Administrator of the Quality Assurance Division (QAD)
in the Department of Public Health and Human Services (DPHHS). I am responsible for all facility licensing for
DPHHS. I am writing to clarify that "private residential adolescent programs" were authorized by the Montana
state legislature to be licensed under Title 37, chapter 48, MCA in the Department of Labor's, Business
Standards Division. The Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board is
the licensing entity for these programs rather than DPHHS.
I was permitted by the Department of Labor to participate and assist in the development of the administrative
rules for licensure of the PAAROP programs. The standards developed by the PAAROP board are essentially
equivalent to the standards that would be in place if the respective programs were to be licensed by DPHHS.
That is to say, the rules cover licensing standards for facility administration, operational policy & procedures,
facility screening for new hires, physical plant and life safety requirements, and client treatment planning,
among the many other appropriate standards developed for licensing this type of service.
Moreover, Montana Academy is accredited by the Joint Commission on the Accreditation of Healthcare
Organization, (JCAHO). A Joint Commission accreditation is accepted by DPHHS as evidence of a facility's
ability to meet standards that are equivalent, or higher, than the DPHHS licensing standards. A license may be
issued to the accredited body for the period of accreditation, without perfonning any program review or
performing on -site inspections by DPHHS.
An Equal Opportunity Emplover
I will conclude by stating I believe the Montana Academy's residential program is properly and appropriately
licensed, and monitored, as required by law. Please contact me if I can be of any further assistance or if you
have additional questions.
Since y,
Roy P. Kemp, Deputy Administrator
Quality Assurance Division - DPHHS
2401 Colonial Drive
PO Box 202953
Helena, Mt 59620-2953
406-444-2868
Fax 406-444-1742
rkempEwm
"Improving the Lives of Others"
Cc: Randy Ogle: rsogle�,centur el.net
Tom R. Jentz, AICP tjentz@kalispell.com
Sean Conrad, Senior Planner: sconrad@kalispell.com
Dr. John Santa jol hasgmontanaacademy.com
Correspondence File
2
Noftt
nct
CAd�rit.
To the Neighbors of 520 1st Avenue East —
Our School, The Montana Academy has applied for a Conditional Use permit
from the City of Kalispell for recognition as a group home at the above address. We
operate 2 such homes at 205 and 305 5th Avenue East and have enough students that we
need another home. We would like this opportunity to let you know who we are and who
are kids are and hopefully address any fears and concerns that you may have as our
potential neighbors. As you may already know there will be a public meeting with the
City Planning Board on Tuesday December 8th at 7:30pm. We also welcome your
concerns before than. Please call Gretchen Boyer (the program Director) at 261 5569
with any comments or questions.
Montana Academy, Inc. was founded in 1997 and remains owned and operated by two
married couples, John McKinnon, M.D. and his wife Rosemary McKinnon, MSW, and
John Santa, Ph.D. and his wife Carol Santa, Ph.D. Both families have lived in Kalispell,
worked as professionals in the community, and raised their families in Kalispell. They
continue to own and operate Montana Academy. In the past twelve years Montana
Academy has grown considerably. We now have a full high school campus with more
than on a 400 acre ranch in Lost Prairie with 70 students from all parts of the country.
We also have two transition homes on the East side of Kalispell that we have operated for
the past six years with 13 students. Altogether we employ nearly 70 employees and have
an annual payroll in excess of three million dollars.
Montana Academy is a therapeutic boarding school that emphasizes both treatment and
education. We endeavor to provide sophisticated clinical expertise in a simple
environment. Montana Academy combines intensive individual, group, and family
therapy with a first rate academic high school curriculum in a remote ranch setting. The
residential program is accredited by the Joint Commission on Accreditation of Health
Care Organizations, and we are also accredited as a degree granting high school by the
Northwest Association of Accredited Schools, and by the National Independent Private
School Association. Nearly 90 percent of our students graduate from high school and
continue on to college. We have students accepted and attending a variety of first rate
state universities as well as many prestigious private colleges and universities such as
Brown, Dartmouth, Lewis and Clark, Smith, Stanford, University of Chicago
Williamette, and Whitman.
As students mature and progress through our emotional growth program in Lost Prairie,
many of the older students who are headed to college need a transitional experience that
is less structured and removed from the realities of life than is the ranch. We have
established the Transition homes in Kalispell with the goal of providing a gradual step
down from the structure of the Academy, offering students a chance to practice their new
skills in a less structured environment.
The Transition Home provides a semi -structured environment for young adults to learn
how to live more independently. They attend Flathead Valley Community College, and
provide regular volunteer work for a wide variety of community programs and
businesses. Altogether, our students provide between 100 and 200 hours of weekly
volunteer time. Students work at The Flathead Food Bank, The Habitat for Humanity
Resale Store, Central School Museum, The Conrad Mansion, Gresko's Bakery,
Woodland Montessori School, The Center for Restorative Youth Justice, and Montana
Coffee Traders. We also pick up recycling from houses in our neighborhood twice a
month for proper disposal. We have a good relationship with our neighbors and work
hard to keep our properties in accordance with neighborhood standards.
Our staff are available 24 hours a day for our students. During daytime hours students
are at work and college, and we have one staff to keep a house open and to be available
for emergencies. After 3pm we have one staff working in each house. At night we have
an awake night staff that walks between the homes and keeps students and our homes
safe.
?Uav ad w �11� a�� c�u���h�n� s
U
Center for Restorative Youth Justice
Flathead County Peer Court • Victim Offender Conferencing - Youth Connections
Drug & Alcohol Accountability Panel - Community Accountability Board
June 22, 2009
To the City of Kalispell Planning Board and City Council
The youth of Montana Academy have been extremely instrumental in the programming
of the Center for Restorative Youth Justice (CRYJ). We have been fortunate enough to
have worked with various youth from Montana Academy in the capacity of interns over
the past two years. For CRYJ, the youth from Montana Academy have provided
countless hours in program and office assistance. They are reliable, as they show -up on
time, are eager to help, and are particularly interested in working with local youth who
are struggling to learn from their mistakes.
These youth take leadership roles in our programs, serving as positive role models for
local youth offenders. Here at CRYJ, our goal is to build safer communities by
encouraging community/youth partnerships, emphasizing direct youthful accountability,
and restoring victim well-being by providing innovative services committed to
strengthening and improving the lives of youth, their families, and our community. The
youth from Montana Academy who have volunteered with us understand accountability
and work with local youth to provide them with opportunities to take responsibility for
their actions in meaningful ways. They have shown to be more mature than the average
adolescent; they have been challenged while at Montana Academy to make better
decisions, to respectfully communicate, and to engage life fully. These youths' past
experiences have proven to be an asset on our accountability panels, guiding our program
participants toward productive alternatives from former negative behaviors.
Furthermore, through our experience we have found these youth to be very responsible.
We trust them with responsibilities beyond that of normal youth volunteers, such as up -
keeping our website and working on various panels throughout our five programs. These
volunteers have also worked on specific projects that have made our office run more
efficiently such as our database archive reorganization project. These volunteers balance
their service with other commitments, as not only did they volunteer with us but also
attended the college. These youth have proven to be genuinely interested in their future as
productive members of the community.
Our agency and the youth of Kalispell have truly benefited from the participation of the
Montana Academy youth in our community. Not only has CRYJ benefited from their
contributions, but also you will find these youth volunteering at non -profits throughout
the Kalispell area.
Sincerely,
J ffor
Centeestorative Youth Justice
224 1st Ave. East • Kalispell, W 59901 • Phone 406.257.7400 • Fax 406.257.7494
www.restorative,youthjustice.org
Office: (406)
www.PlatheadFoodBank.com
Board of Directors:
Fax: (406)
Judi Yeats
Whitefish
President
June 22, 2009
Sheryl Border
Kalispell
Vice President
To Whom It May Concern:
Debra Koch
Kalispell
Secretary
This letter is to support our friends at the Montana Academy. I understand that
Brad Kelsey
they are looking to expand their program in the Kalispell area. At the Flathead
Kalispell
Treasurer
Food Bank, we are totally in support of this program and love working with the
John Gardner
students that are associated with it.
Kalispell
Beverly Larson
Kalispell These kids have had more life experiences in their young age than many adults
Susan Tuszynski will ever have. They come to our community to learn how to fit in and excel as
West valley members of our society. The staff and management of the facility work very hard
Ed Corrigan
Kalispell with each one of the students to assure that this happens. By the time that the
Kari Wiley kids get to the group home in town, they are working very successfully at
Kalispell becoming responsible young adults. Many of them come to the Flathead Food
Robert Nystuen
Lakeside Bank to volunteer.
Doug Deacon
Bigfork
We have been working with the kids at the academy for well over six years. The
Courtney Columba Fallsock
Montana Academy students that come and help us have been wonderful. They
Cindy Garrity
are always willing to share their stories and most of the time we develop great,
Whitefish
long lasting friendships. The kids work very hard for and with us, and the work
Staff Members:
that they do is a great help not only to the Flathead Food Bank, but to many other
Lori Botkin
non-profit agencies in our community.
Executive Director
Matt Alexander
We support the Montana Academy's decision to purchase another facility on the
Warehouse Manager
East side of Kalispell. The people that will live there have very experienced, long
ble
Sherry nteerC Coordinator
Volunteer Coordinator
tenured supervisors working with them to help them be successful. In my
Office Manager
personal experience, these kids are in no way a danger to the community, or will
John Emerson
in any way cause disturbance in the neighborhood. They will continue to be good
Special Events Coordinator
citizens, as they have been in the past and will respect the chance that they have
Wanda Richardson
been given.
Outreach Specialist
Sue Stuber With Warm Regards
Bigfork Pantry Manager ,
Mary Wagoner 01 ^�d �-/
Pick-UplDellvery Driver
Lori Botkin, Executive Director
Flathead Food Bank
PANTRY KALISPELL SIGFORK EVERGREEN
105 63 Ave. W Hwy 35 South Calvary Lutheran
LOCATIONS &VIIIegeLane Church
99nn N— 9 Faat
MARION MARTIN CITY
Fire Department Canyon Head
Auxiliary Start
ah.u,u—
United
day
CONRAD MANSION MUSEUM
June 30, 2009
Honorable Mayor Kennedy and Members of the City Council
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
Dear Mayor Kennedy and Members of the City Council:
It is with great pleasure that I write this letter of support for Montana Academy.
The students from Montana Academy have volunteered their time and skills at the
Conrad Mansion Museum for three consecutive years. During this time they have
displayed an impressive work ethic, sense of accomplishment in the new skills they are
developing, and pride in the valuable work they do at the Mansion.
They often bring excellent skills to their positions at the Museum. Jeff Katz is one
example of an invaluable Montana Academy volunteer. He volunteered at the Conrad
Mansion for a full fall and winter performing a variety of jobs from snow removal to
detailed computer data entry. He served as my primary assistant during the off season.
It was a tremendous help to have the additional volunteer help considering our small
budget. Another example of a fabulous volunteer was Henry Loeb. He started out doing
odd tasks that included cleaning, cataloguing magazines, working in the garden, to
administrative tasks. We appreciated his help so much that we hired him as a tour guide
for the 2007 season. He actually received applause after almost all of his tours due to his
great personality. We currently have a volunteer from the girls home that we hope will
continue in Henry's footsteps. She is very responsible and is a spirited worker.
Montana Academy is our most consistent group of volunteers. Each year the students
come to the Mansion to do one or two group volunteer project. Two winters ago they
helped us clean up the Mansion and grounds after the Christmas season. They wound
extension chords from the yard, collected the thousands of lights on the Mansion
exterior walls, and took all the lights off the trees. They also worked inside with the
Mansion crew taking down all decorations throughout the house. They carried boxes
downstairs, wrapped ornaments, moved furniture and cleaned the Mansion interior.
When we have a special need we always call their house manager Gretchen Boyer. She
and the students are always willing to jump in and help out when something needs to be
done. Last year, Gretchen helped organize and recruit a number of volunteers to make
the Mansion's participation in the Kalispell Fourth of July parade a success.
P.O. Box 1041, KALISPELL, MT 59903 ■ PHONE: 406-755-2166
The Conrad Mansion was built in 1895 as the home of C.E. Conrad, Montana pioneer, Missouri River trader, freighter, and founder of the city of Kalispell.
Restored to its original elegance, it is placed on the National Historic Register and open to visitors from May to October.
The students at Montana Academy are valued friends of the Conrad Mansion Museum.
They are a dynamic group that does wonderful things for our organization. From my
personal experience, the students have only shown great respect for the historic Mansion
and neighborhood that surrounds the Mansion. They also are very engaged in the
supportive learning environment that Montana Academy currently provides them and
are now looking forward to their futures.
1
71�,
ate Daniels== �
E'ecutive Director
Al Weed
623-3rd Street East
Kalispell
January 4, 2010
Kalispell City Council
201 1 St Ave. East
Kalispell 59901
To: Kalispell City Council
Re: Conditional Use Permit for Group Home to be Operated by Montana
Academy
Last June Montana Academy requested a conditional use permit (CUP) for a
"group home" at 528/530 Third Street East, the approval of which would
have expanded the commercial "group home" complex operated by Montana
Academy in a one and one -quarter block area to three residential dwellings.
At that time a vast majority of the neighborhood, myself included, opposed
the proposed expansion of the Montana Academy complex. My letter to the
Planning Board regarding that action is attached for the Council's
consideration. Also attached are subsequent letters to the Planning
Department and the City Attorney, which set forth my view, and the view of
many other Kalispell residents, regarding the "automatic" granting of
conditional use permits to the Montana Academy for the use of Kalispell
residential properties for its commercial dormitories.
In light of the previous controversy over this issue it was disturbing to read
in this morning's Daily Inter Lake that the Planning Office is still of the
view "that the group home falls under a special state provision that gives the
group home a specific `residential' status." However, for the city to change
its position now would be to admit it was wrong in the granting of the first
two CUPs to the Montana Academy. That being the case, it appears that the
only recourse Kalispell residents have to protect the character of its
residentially zoned properties is to seek a judicial interpretation of Section
76-2-412 M.C.A., and its applicability to the Montana Academy dormitories.
To that end, please be advised that a concerned group of Kalispell residents
is forming an association for the protection and preservation of Kalispell's
residential neighborhoods, the purpose of which will be to ensure
enforcement of Kalispell's zoning restrictions.
It is my considered opinion that any objective judicial interpretation of
Section 76-2-412 M.C.A. will conclude that the dormitories operated by the
Montana Academy do not qualify as "group homes" within the meaning of
that statute, and, therefore, are not entitled to automatic "residential status."
Consequently, the city should be concerned about perpetuating its dubious
practice of circumventing zoning restrictions in favor of blatant commercial
use of residentially zoned property.
It should be recognized by all concerned that nothing would preclude the
Montana Academy from expanding its operations by purchase of property
that is already zoned for commercial use. Why it is choosing to purchase
residential property and then attempting to obtain CUPS to allow for its
commercial use seems quite mysterious to me.
In light of the above information it would seem appropriate for the Council
to withhold approval of the requested CUP pending resolution of the
applicability of the Section 76-2-412 M.C.A. exemption to a for -profit
commercial enterprise that is not registered with the Montana Department of
Health and Human Services. Accordingly, the Council's restraint in this
matter is hereby requested.
Please consider this letter and its attachments as a part of the record of the
January 4, 2010, Council meeting.
Sincerely,
Al Weed
Cc: Tammi Fisher, Mayor
Charles Harball, Esq.
City Attorney
Al & Barbara Weed
623-3rd Street East
Kalispell
June 9, 2009
Kalispell City Planning Board and Zoning Commission
201 1st Ave. East
Kalispell 59901
To: The Planning Board and Zoning Commission
This letter is in regard to the proposed conditional use permit requested by
Lost Horizon Ranch, LLC. We object to the granting of the requested
conditional use permit (CUP) for the following reasons:
1. The city has been operating under the erroneous assumption that
Montana law requires that the city approve the request. Such is not
the case for two reasons: 1) Section 76-2-412 M.C.A. applies to
facilities registered by the Montana Department of Health and
Human Services. Neither Lost Horizon Ranch nor its affiliate,
Montana Academy has any facility registered with the Montana
Department of Health and Human Services; 2) No exemption
from city zoning restrictions would apply in any event because the
Kalispell east -side complex has more than 8 youths occupying the
facility. Therefore, the three building complex operated by the
Montana Academy or Lost Horizon is not exempt from local
zoning restrictions, regulations or procedures and is not entitled to
automatic "residential" status as was stated in the Board's Notice
of Public Hearing.
2. Approval of the commercialization of the Kalispell residential east
side is not in accordance with the best interests of the majority of
Kalispell residents with homes in close proximity to the Montana
Academy complex/facility and the city has a duty to protect those
interests. The establishment of the east -side complex in the first
place was only beneficial to the monetary interests of the Montana
Academy owners and not of benefit to any actual residents of the
State of Montana. The previous approvals of the establishment of
the east -side group home needs to be reexamined with the
understanding that the city has never been obligated by statute to
approve any previously -requested CUP.
In light of the fact that Section 76-2-412 M.C.A. does not exempt
Montana Academy/Lost Horizon Ranch from zoning restrictions, the
city, as a bare minimum must table the requested CUP and investigate
the how previous approvals were obtained without Montana Academy
and Lost Horizon Ranch being registered with the Department of
Health and Human Services and further investigate whether the
previous approvals were obtained under false pretenses.
Furthermore, the previous approvals should be considered void ab
initio and the Montana Academy/Lost Horizon Ranch should be
required to comply with all applicable zoning restrictions,
requirements and regulations.
We consider the very presence of a commercial youth group home in
our neighborhood to be objectionable and contrary to zoning
restrictions. The city has a duty to enforce those restrictions and
ensure that the character and quality of Kalispell's east side is
preserved. That duty can only be met by disapproving the requested
CUP.
Sincerely,
Al Weed Barbara Weed
Al Weed
623-3rd Street East
Kalispell
September 22, 2009
Mr. Tom Jentz
Kalispell City Planning Department
201 1st Ave. East
Kalispell 59901
Dear Mr. Jentz:
This letter is in regard to the use of the duplex at 528/530 Third Street East
by Lost Horizon Ranch, LLC/Montana Academy (hereafter "the academy")
to house enrollees of the academy. As you are aware, the academy withdrew
its request for a conditional use permit (CUP), which would have allowed
the academy to use the duplex as a dormitory for housing its enrollees. That
being the case, the said premises should not be useable for such purpose.
However, several residents of the neighborhood were advised by Dr. Santa
that the academy intended to use the duplex for housing its older (18-19 year
old) girls only through December 2009, at which time the duplex would be
rented to the general public. It is our understanding that the city would
permit such use, apparently as a convenience to the academy, but only
through December 2009. The city should be aware that it appears that the
wall between the two units of the duplex has been removed, so it is no
longer a "duplex." Please advise of the city's position on the continued use
of the structure at 528/530 Third Street East as an academy dormitory.
Also, during the time the academy's latest request for the CUP was pending
(Summer 2009) it became known that the conditions upon which the
previous CUPs were granted to the academy have never been satisfied.
Specifically, the previous approvals were conditioned upon the academy
obtaining "all required licensing, inspections and approvals" ... "from the
State Department of Public Health." Since the academy has never been
licensed, registered with, or been "certified" by the Montana Department of
Health and Human Services, it has never been in compliance with the
original CUPs for the structures at 205 and 305, Fifth Avenue East. It
appears that that the city may have been misled by the academy into
believing that it would register with the Montana Department of Health and
Human Services. If such were the case the CUPs were clearly obtained
under false pretenses, apparently to circumvent zoning restrictions. Under
such circumstances the previously approved CUPs should be deemed void.
Furthermore, the previous CUPS were granted to the academy under the
erroneous belief that the academy was entitled to a statutory exemption from
zoning restrictions under Section 76-2-412 M.C.A. Since such is not the
case the previous CUPS should be void for that reason as well.
In light of the above facts, we consider the continuing presence of a
commercial youth group home dormitory complex in a residential
neighborhood to be in violation of city zoning restrictions. The city has a
duty to enforce its zoning restrictions to ensure that the character and quality
of Kalispell's residential neighborhoods are preserved. Therefore, please
advise as to what action the city is taking to enforce Kalispell's zoning
ordinances in this matter.
Sincerely,
Al Weed
Cc: Charles Harball, Esq.
City Attorney
Jane Howington
City Manager
Al Weed
623-3rd Street East
Kalispell
November 5, 2009
Mr. Charles Harball
Kalispell City Attorney
201 1 st Ave. East
Kalispell 59901
Re: My letter dated September 22, 2009;
Kalispell Planning Department response dated September 25, 2009
Dear Mr. Harball:
Thank you for the opportunity to meet with you recently to discuss our
respective positions regarding the conditional use permits (CUPS) granted by
the city to Lost Horizon Ranch, LLC/Montana Academy (hereafter "the
academy") to use several homes in a Kalispell residential neighborhood as a
dormitory complex for its students. As I stated in our meeting, there are
numerous Kalispell residents in close proximity to the complex who are
adamant that such a blatantly commercial enterprise should not be allowed
to exist in a residential neighborhood. Furthermore, many in the
neighborhood feel that the manner in which the applications for the CUPS
were presented to the city wrongfully denied the Planning Board the option
of disapproving the requested CUPS.
To elaborate, there is a widely held view that the use of the academy
properties for a dormitory complex cannot be construed as "residential use"
within the meaning of Section 76-2-412 M.C.A. Therefore, as I indicated in
my previous letters, the neighborhood at large does not agree that applicable
statutory provisions grant any exemption to the academy to be free from
zoning restrictions. Furthermore, the notices to affected neighboring
residents regarding the Planning Board's hearings on the previously
requested CUPs erroneously indicated that the city could not deny approval
of the CUPS because Section 76-2-412 M.C.A. applied to the academy.
Consequently, we strongly feel that the city's position on the previously
requested, and approved CUPs denied procedural due process to all affected
Kalispell residents.
I mentioned that residents of the neighborhood are in the process of forming
an action group for the purpose of enforcing Kalispell's residential zoning
restrictions. Since the city's letter of September 25, 2009 appears to reflect
the city's final position regarding the academy's dormitory complex, I
anticipate that any action group established will desire to pursue any and all
legal remedies that might be available under the circumstances.
Again, I appreciate the opportunity to have met with you to present the
neighborhood's views on this matter.
Sincerely,
Al Weed
i
APPLICANT: Lost Horizon Ranch, LLC
0 1, 0 If
I, the undersigned certify that I did this date mail via Certified Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a conditional use permit has been
requested.
Date:
Tract/Lot: Lots 4, 5, & 6, Block 85, Kalispell
Property Owners:
Lost Horizon Ranch, LLC
Attn: Gretchen Boyer
205 5th Avenue East
Kalispell, MT 59901
Richard A. Caerbert
9 Chimney Rock Drive
Roanoke, TX 76262
Lost Horizon Ranch, LLC
Attn: Gretchen Boyer
205 5th Avenue East
Kalispell, MT 59901
Jane V. Smiley
530 2nd Avenue East
Kalispell, MT 59901
David Thompson Rev Trust
21631 East Lakeshore Drive
Bigfork, MT 59911
Bug & Bean, LLC
P.O. Box 1784
Kalispell, MT 59903
Carriage Funeral Holdings, Inc.
DBA Johnson Mortuary
3040 Post Oak Boulevard, Ste 300
Houston, TX 77056
Burlin Laroux
542 lst Avenue East
Kalispell, MT 59901
JGX2 Development, LLC
Kaye L. Tomlinson
P.O. Box 357
Kalispell, MT 59903
First Presbyterian Church
524 South Main Street
Kalispell, MT 59901
Richard A. Caerbert Fisher Property Management, LLC
9 Chimney Rock Drive P.O. Box 1038
Roanoke, TX 76262 Kalispell, MT 59903
John & Clarann Brady Marlene Carr
535 lst Avenue East 534 lst Avenue East
Kalispell, MT 59901 Kalispell, MT 59901
Robin & Aleda Johnson 214 Main, LLC
512 2nd Avenue East AD% Steve Blair
Kalispell, MT 59901 52 Camino Real
Rancho Mirage, CA 92270
James & Susan Matter Dimon, LLC
P.O. Box 405 37 51h Street East, Ste 210
Lakeside, MT 59922 Kalispell, MT 59901
Otto A. Bessey Rev Trust K Phyllis Kirk Family Trust
William & Jana Clark 18366 Bear Dance Lane
P.O.Box 73 Bigfork, MT 59911
Lakeside, MT 59922
Ed & Susan Corrigan Donald & Susan Miller
528 1st Avenue East 529 1st Avenue East
Kalispell, MT 59901 Kalispell, MT 59901
Gary Crowe, Etal State of Montana
30 Fifth Street East, Ste 101 Employment Security Division
Kalispell, MT 59901 427 lst Avenue East
Kalispell, MT 59901
PLANNING TORTHE`''R
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeR.com/planninS
You are being sent this notice because you are a property owner within 150 feet of the
proposed project noted below and will be most directly affected by its development. You have
an opportunity to present your comments and concerns at the meeting noted below. You may
contact this office at (406) 758-7940 for additional information or visit our website at
www.kalispeE.com/planning under "Planning Board Projects". Written comments may be
submitted to the Kalispell Planning Department at the above address prior to the date of the
hearing, or email us at planningAkalispell.com.
NOTICE OF PUBLIC HEARING
XALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
December 8, 2009
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, December 8, 2009 beginning at 7:00 PM in the Kalispell
City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The
planning board will hold a public hearing and take public comments on the following
agenda item. The Board will make a recommendation to the Kalispell City Council
who will take final action.
1. A request by Lost Horizon Ranch, LLC for a conditional use permit (CUP) to
locate a transitional living program (defined under the zoning code as a
group home) for youths 17 to 19 in an existing single-family home located
at 520 Ist Avenue East. The property is zoned R-4, Two Family Residential,
which requires a CUP for group homes serving eight or fewer persons within
the district. The property can be legally described as lots 4, 5 and 6 of
Block 85 Kalispell, located in Section 18, Township 28 North, Range 21
West.
Group homes serving eight or fewer persons fall under a special provision in
the state statutes, Section 76-2-412, M.C.A., that gives them a speck
"residential" status. Because of this special status no conditions may be
placed on the CUP that would not otherwise apply to residences in general.
Additionally, a CUP for group homes cannot be denied by the governing
body and the public hearing is intended as a forum for information and
public comment.
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT HE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO. 15430
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of Nov 22, 2009
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
0
Subscribed and sworn to
_ENGROSS Before me this November 23, 2009
UC for the
ontana
pall, Montana
on Expires
11,2013 -- - - -, ----- - -- -
I. G16'cross
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2013
1 A.6C i V 1 .J
01-04-2010
KAL.15PELL CITY RESI'DENTTSAIRPORT SLOPING FOR THE KALISPELL CITY C'OUIS►EL MA YGR
AND CITY MANAGER.
1. SHOULD KALISPELL CITY AIRPORT BE EXPANDED AND RELOCATED FURTHER OUT OF TOWN?
2. SHOULD KALISPELL CITY AIRPORT BE EXPANDED AT ITS PRESENT LOCATION?
3. STUDIES HAVE DOCUMENTED SEVERAL ALTERNATIVE AIRPORT LOCATIONS, ALL OF WHICH WOULD
BE LESS COSTLY TO CONSTRUCT, WERE YOU AWARE OF SUCH STUDIES?
4. DO YOU BELIEVE THAT THE CITY PROPERTY AT THE AIRPORT LOCATION IS BEING USED AT MS:
HIGHEST AND BEST USE AS AN AIRPORT?
5. DO WE NEED TWO AIRPORTS??
5. ARE YOU AWARE THAT GLACIER PARK INTERNATIONAL SAID THEY WOULD ACCEPT OUR AVIATION
NEEDS OUT AT THEIR AIRPORT?
7. DO YOU USE THE KALISPELL CITY AIRPORT, COUNSEL MEMBERS, MAYOR?
8. IF THE KALISPELL CITY AIRPORT WAS RELOCATED OUT SIDE OF THE CITY MOULD YOU STILL WANT IT
TO BE CITY OWNED AND OPERATED OR COLLABORATE WITH THE COUNTY?
9. OR: OWNED BY THE CITY, BUT OPERATED BY (GPI) GLACIER PARK INTERNATIONAL?
10. OR: IF RELOCATED AND OWNED BY THE CITY, SHOULD THE AIRPORT BE SELF-SUPPORTING WITH NO
CITY SUBSIDY?
11. SHOULD THE CITY RELOCATE THE CITY AIRPORT, SHOULD THE OLD AIRPORT PROPERTY BE SOLD?
12. ARE THERE INVESTORS TO INVEST AND RELOCATE THE AIRPORT?
13. DOES THE RESIDENTS WANT TRAINING FLIGHTS OUT OF THE CITY AIRPORT?
14. HOW MANY BUSINESSES ARE IN BUSINESS AT THE CITY AIRPORT?
15. SHOULD THE CITY AIRPORT BE LEFT JUST AS IT IS?
16. SHOULD THE CITY AIRPORT BE LEFT AS IT IS WITH SAFETY MODIFICATIONS /O F.A.A.
INVOLVEMENT?
17. SHOULD THERE BE A ECONOMIC FEASIBILITY STUDY DONE COMPARING THE EXPENSES OF VARIOUS
OPTIONS OF THE KALISPELL CITY AIRPORT PROPERTY?
18. WHAT ARE THE CONSEQUENCES OF THE LENGTHEN OF THE RUNWAY TO 4500FT. OR MORE AND MAKING
IT WIDER TO ALLOW B-2 AIRCRAFT TO LAND THERE?
19. SHOULD THE F.A.A. (TAXPAYER DOLLARS, YOURS AND MINE ) SHOULD BE SPENT TO COVER THE
PROJECTED EXPANSION AT THE CURRENT AIRPORT LOCATION?
20. HOVE MANY FULL TIME JOBS WILL BE CREATED WITH EXPANSION OF THE CITY AIRPORT AT ITS
PRESENT LOCATION, VS RELOCATING M.
rdgc .4 ul .3
21. IS THE CITY OF KALISPELL RESPONSIBLE FINANCIALLY TO TO SPONSOR THE AIRPORT?
22. CAN THE CITY AIRPORT LAND BE OFFERED FOR SALE TO A DEVELOPER?
23. HAVE YOU HAD TO SUSPEND CONVERSATION ON YOUR PROPERTY UNTIL A HELICOPTER OR ANY
AIRCRAFT HAVE COME OVER?
24. WILL LARGER AND FASTER AIRCRAFT FLY OVER IF THERE IS AN EXPANSION?
25. DO YOU THINK ITS SAFE TO HAVE HELICOPTER STUDENTS AND AIRCRAFT STUDENTS SHOULD BE
FLYING AND PRACTICING OVER OUR HOMES AND SCHOOLS?
26. DID YOU BUY YOUR HOME KNOWING THE LOCATION OF THE CITY AIRPORT WILL BE EXPANDED?
27 DID YOU BUY YOUR HOME KNOWING THAT THEY WANTED TO EXPAND AND BRING IN LARGER AND
FASTER AIRCRAFT AT THE CITY AIRPORT?
28 DO YOU KNOW THE TOTAL NUMBER OF PEOPLE WHO'VE USED THE CITY AIRPORT IN THE PAST YEAR, AND HAVE A TRUE AND
ACCURATE ACCOUNTING OF THE INCOME TO THE CITY IT HAS DERIDED? DO YOU FEEL WE SHOULD SPEND THE F.A.A. DOLLARS
BECAUSE IF WE DON'T SOMEONE ELSE WILL?
29. IS RED EAGLE INSURED TO WITHSTAND A CRASH OF ONE OF ITS PLANES, OR IS IT THE CITY'S
RESPONSIBILITY TO CODER ALL LEGAL FEE'S AND COSTS?
30. WHAT ARE THE LIABILITY EXPENSE ISSUES OF THE CITY AIRPORT?
31. HOW MUCH ARE THE LEASE AGREEMENTS WITH RED EAGLE AND OTHER BUSINESSES ON THE AIRPORT
PROPERTY?
32. HOW MUCH REVENUE IS MADE OR HOW MUCH FUEL IS SOLD AT THE AIRPORT -VS- THE REVENUE IF THE
AIRPORT PROPERTY WAS SOLD?
33. WHO IS IN CHARGE OF THE FUEL OPERATIONS AT THE CITY AIRPORT?
34. WHERE CAN ONE GET A COPY OF THE LEASE AGREEMENTS OF BUSINESS AT THE CITY AIRPORT?
35. WHEN WAS THE LAST TIME THERE WAS A FULL INDEPENDENT ACCOUNTING OF THE KALISPELL CITY
AIRPORT MANAGEMENT BOOKS?
36. WHAT IS THE VALUE OF THE AIRPORT PROPERTY?
37. SHOULD WHO EVER GETS THE BID TO DO THE NEW E.A., ALSO BE .ABLE TO BID ON ANY CONSTRUCTION
OF THE AIRPORT?
38. THAT ARE THE GROSS RECEIPTS FOR FUEL SALES FOR 2009 AT THE CITY AIRPORT?
39. WHAT IS THE SALES PROFIT FROM FUEL SALES FOR THE YEAR 2009?
40. HOW MANY CITY" RESIDENTS KEEP PLANES AT THE CITY AIRPORT?
41. SHOULD NON-RESIDENTS HAVE A VOICE IN CITY AIRPORT POLICY?
42. HOW MANY YEARS WILL IT TAKE TO ACQUIRE THE NECESSARY LAND FOR EXPANSION? ( CONSIDERING
COURT BATTLES ETC. )
A GB.gG -3 E31 J
43. WHICH IS PREFERABLE TO HAVE A NEW AIRPORT IN FIRE YEARS IN THE COUNTY (WITH A HALF MILE
CRASH ZONE SURROUNDING IT, OR TO TRY AND EXPAND IT AT THE CURRENT LOCATION WITCH WILL TAKE
FOUR YEARS FROM THE DATE THE LAND IS ACQUIRED IF IT IS EVER ACQUIRED AND THE AIRPORT
EXPANSION PLAN PASSES A NEW E.A.?
44. WHAT ARE THE ODDS OF " PASSING" AN E.A. CONSIDERING THE DEVELOPMENT" THAT HAS TAKEN PLACE
AROUND THE AIRPORT?
45. ARE A " HISTORIC DISTRICT" AND AIRPORT AFFECTED ZONE COMPATIBLE?
46. DOES THE COUNSEL KNOW THAT THE GLACIER INTERNATIONAL AIRPORT COMPLETELY SAFE AND
CONVENIENT FOR GENERAL AVIATION AND AVIATION TRAINING?
47. SOMEONE SPOKE AT A COUNSEL MEETING THAT GPI IS UNSAFE AND INCONVENIENT FOR AVIATION, DID
THEY PRODUCE ANY 'WRITTEN DOCUMENTS TO BACK THERE STATEMENT UP?
48. WHO WROTE THE AIRPORT ,MANAGER.'S JOB DESCRIPTION AND DOES THE COUNSEL THINK IT NEEDS
CHANGED?
49. WHAT" ARE THE ADVANTAGES OF THE CITY BEING THE FBO ) RUNNING THE AIRPORT AND SALES OF
FUEL) VERSES HAVE RED EAGLE AND ASSOCIATES RUNNING IT?
50. IF THE CITY DOES NOT HAVE TIME TO ANSWER ALL QUESTIONS TURNED IN BEFORE THIS JAN. 25
SCOPING MEETING WILL THE CITY HAVE ANOTHER SLOPING SESSION? IF NOT WHY?
51. WHY IS THIS IMPORTANT DECISION NOT LEFT IN THE HANDS OF THE VOTERS TO VOTE ON CLOSING IT
AND MOVE IT TO GPI OR RELOCATING IT WITH F.A.A FUNDING 3 TO 5 MILES FROM TOWN?
52. WHY HAS THERE NOT BEEN STUDIES DONE ON OTHER USES OF THIS CITY OWNED PROPERTY?
53. HAS THE CITY CONSIDERED JUST ASKING PROPERTY OWNERS IN THE LOWER VALLEY AREA IF THEY
WOULD COMBINE THERE PROPERTIES TO SELL FOR A RELOCATED AIRPORT?
54. ARE THERE ANY PLANS FOR TAX REBATES OR COMPENSATION FOR LAND OWNERS WHO HAVE BEEN
RESTRICTED FROM SELLING AND IMPROVING THERE PROPERTIES AROUND THE CITY AIRPORT DUE TO THIS
BUNGLED IDEA OF EXPANSION?
QUESTIONS E-MAILED AND PHONED INTO ME FROM RESIDENTS, PLEASE RECORD AND ANSWER THE
RESIDENTS QUESTIONS AT THE SLOPING MEETINGS.
SCOTT DAVIS
448 STH. AVE. WEST
KALISPELL, MONTANA 59901
406-752-1523
Al Weed
623-3'd Street East
Kalispell
January 4, 2010
Kalispell City Council
201 Ist Ave. East
Kalispell 59901
To.- Kalispell City Council
Re: Conditional Use Permit for Group Home to be Operated by Montana
Academy
Last June Montana Academy requested a conditional use permit (CUP) for a
"group home" at 528/530 Third Street East, the approval of which would
have expanded the commercial "group home" complex operated by Montana
Academy in a one and one -quarter block area to three residential dwellings.
At that time a vast majority of the neighborhood, myself included, opposed
the proposed expansion of the Montana Academy complex. My letter to the
Planning Board regarding that action is attached for the Council's
consideration. Also attached are subsequent letters to the planning
Department and the City Attorney, which set forth my view, and the view of
many other Kalispell residents, regarding the "automatic" granting of
conditional use permits to the Montana Academy for the use of Kalispell
residential properties for its commercial dormitories.
In light of the previous controversy over this issue it was disturbing to read
in this morning's Daily Inter Lake that the Planning Office is still of the
view "that the group home falls under a special state provision that gives the
group home a specific `residential' status." However, for the city to change
its position now would be to admit it was wrong in the granting of the first
two CUPS to the Montana Academy. That being the case, it appears that the
only recourse Kalispell residents have to protect the character of its
residentially zoned properties is to seek a judicial interpretation of Section
76-2-412 M.Q.A., and its applicability to the Montana Academy dormitories.
To that end, please be advised that a concerned group of Kalispell residents
is forming an association for the protection and preservation of Kalispell's
residential neighborhoods, the purpose of which will be to ensure
enforcement of Kalispell's zoning restrictions.
It is my considered opinion that any objective judicial interpretation of
Section 76-2-412 M.C.A. will conclude that the dormitories operated by the
Montana Academy do not qualify as "group homes"' within the meaning of
that statute, and, therefore, are not entitled to automatic "residential status."
Consequently, the city should be concerned about perpetuating its dubious
practice of circumventing zoning restrictions in favor of blatant commercial
use of residentially zoned property.
It should be recognized by all concerned that nothing would preclude the
Montana Academy from expanding its operations by purchase of property
that is already zoned for commercial use. Why it is choosing to purchase
residential property and then attempting to obtain CUPs to allow for its
commercial use seems quite mysterious to me.
In light of the above information it would seem appropriate for the Council
to withhold approval of the requested CUP pending resolution of the
applicability of the Section 76-2-412 M.C.A. exemption to a for -profit
commercial enterprise that is not registered with the Montana Department of
Health and Human Services. Accordingly, the Council's restraint in this
matter is hereby requested.
Please consider this letter and its attachments as a part of the record of the
January 4, 2010, Council meeting.
Sincerely,
Al Weed
Cc: Tammi Fisher, Mayor
Charles HarbalL Esq.
City Attorney
Al & Barbara Weed
623-3rd Street East
Kalispell
June 9,, 2009
Kalispell City Planning Board and Zoning Commission
201 1 St Ave. East
Kalispell 59901
To: The Planning Board and Zoning Commission
This letter is in regard to the proposed conditional use permit requested by
Lost Horizon Ranch, LLC. We object to the granting of the requested
conditional use permit (CUP) for the following reasons:
1. The city has been operating under the erroneous assumption that
Montana law requires that the city approve the request. Such is not
the case for two reasons: 1) Section 76-2-412 M.C.A. applies to
facilities registered by the Montana Department of Health and
Human Services. Neither Lost Horizon Ranch nor its affiliate,
Montana Academy has any facility registered with the Montana
Department of Health and Human Services; z j No exemption
from city zoning restrictions would apply in any event because the
Kalispell east -side complex has more than 8 youths occupying the
facility. Therefore, the three building complex operated by the
Montana Academy or Lost Horizon is not exempt from local
zoning restrictions, regulations or procedures and is not entitled to
automatic "residential" status as was stated in the Board's Notice
of Public Hearing.
2. Approval of the commercialization of the Kalispell residential east
side is not in accordance with the best interests of the majority of
Kalispell residents with homes in close proximity to the Montana
Academy complex/facility and the city has a duty to protect those
interests. The establishment of the east -side complex in the first
place was only beneficial to the monetary interests of the Montana
Academy owners and not of benefit to any actual residents of the
State of Montana. The previous approvals of the establishment of
the east -side group home needs to be reexamined with the
understanding that the city has never been obligated by statute to
approve any previously -requested CUP.
In light of the fact that Section 76-2-412 M.C.A. does not exempt
Montana Academy/Lost Horizon Ranch from zoning restrictions, the
city, as a bare minimum must table the requested CUP and investigate
the how previous approvals were obtained without Montana Academy
and Lost Horizon Ranch being registered with the Department of
Health and Human Services and further investigate whether the
previous approvals were obtained under false pretenses.
Furthermore, the previous approvals should be considered void ab
initio and the Montana Academy/Lost Horizon Ranch should be
required to comply with all applicable zoning restrictions,
requirements and regulations.
We consider the very presence of a commercial youth group home in
our neighborhood to be objectionable and contrary to zoning
restrictions. The city has a duty to enforce those restrictions and
ensure that the character and quality of Kalispell's east side is
preserved. That duty can only be met by disapproving. the requested
CUP.
Sincerely,
/s/
Al Weed Barbara Weed
Al Weed
623-3'dStreet East
Kalispell
September 22, 2009
Mr. Tom Jentz
Kalispell City Planning Department
201 1 st Ave. East
Kalispell 59901
Dear Mr. Jentz:
This letter is in regard to the use of the duplex at 528/530 Third Street East
by Lost Horizon Ranch, LLC/1\4ontana Academy (hereafter "the academy")
to house enrollees of the academy. As you are aware, the academy withdrew
its request for a conditional use permit (CUP), which would have allowed
the academy to use the duplex as a dormitory for housing its enrollees. That
being the case, the said premises should not be useable for such purpose.
However,, several residents of the neighborhood were advised by Dr. Santa
that the academy intended to use the duplex for housing its older (18-19 year
old) girls only through December 2009, at which time the duplex would be
rented to the general pubic. It is our understanding that the city would
permit such use, apparently as a convenience to the academy, but only
through December 2009. The city should be aware that it appears that the
wall between the two units of the duplex has been removed, so it is no
longer a "duplex." Please advise of the city's position on the continued use
of the structure at 528/530 Third Street East as an academy dormitory.
Also,, during the time the academy's latest request for the CUP was pending
(Summer 2009) it became known that the conditions upon which the
previous CUPS were granted to the academy have never been satisfied.
Specifically, the previous approvals were conditioned upon the academy
obtaining "all required licensing, inspections and approvals" ... "from the
State Department of Public Health." Since the academy has never been
licensed,, registered with, or been "certified" by the Montana Department of
Health and Human Services,, it has never been in compliance with the
original CUPS for the structures at 205 and 305, Fifth Avenue East. It
appears that that the city may have been misled by the academy into
believing that it would register with the Montana Department of Health and
Human Services. If such were the case the CUPs were clearly obtained
under false pretenses, apparently to circumvent zoning restrictions. Under
such circumstances the previously approved CUPS should be deemed void.
Furthermore, the previous CUPS were granted to the academy under the
erroneous belief that the academy was entitled to a statutory exemption from
zoning restrictions under Section 76-2-412 M.C.A. Since such is not the
case the previous CUPS should be void for that reason as well.
In light of the above facts, we consider the continuing presence of a
commercial youth group home dormitory complex in a residential
neighborhood to be in violation of city zoning restrictions. The city has a
duty to enforce its zoning restrictions to ensure that the character and quality
of Kalispell's residential neighborhoods are preserved. Therefore, please
advise as to what action the city is taking to enforce Kalispell's zoning
ordinances in this matter.
Sincerely,
Al Weed
Cc: Charles Harball, Esq.
City Attorney
Jane Howington
City Manager
Al Weed
623-3rd Street East
Kalispell
November 5,, 2009
Mr. Charles Harball
Kalispell City Attorney
201 I't Ave. East
Kalispell 59901
Re: My letter dated September 22, 2009;
Kalispell Planning Department response dated September 25, 2009
Dear Mr. Harball:
Thank you for the opportunity to meet with you recently to discuss our
respective positions regarding the conditional use permits (CUPs) granted by
the city to Lost Horizon Ranch, LLC/Montana Academy (hereafter "the
academy") to use several homes in a Kalispell residential neighborhood as a
dormitory complex for its students. As I stated in our meeting, there are
numerous Kalispell residents in close proximity to the complex who are
adamant that such a blatantly commercial enterprise should not be allowed
to east in a residential neighborhood. Furthermore, many in the
neighborhood feel that the manner in which the applications for the CUPS
were presented to the city wrongfully denied the Planning Board the option
of disapproving the requested CUPs.
To elaborate, there is a widely held view that the use of the academy
properties for a dormitory complex cannot be construed as "residential use"
within the meaning of Section 76-2-412 M.C.A. Therefore, as I indicated in
my previous letters, the neighborhood at large does not agree that applicable
statutory provisions grant any exemption to the academy to be free from
zoning restrictions. Furthermore, the notices to affected neighboring
residents regarding the Planning Board's hearings on the previously
requested CUPs erroneously indicated that the city could not deny approval
of the CUPS because Section 76-2-412 M.C.A. applied to the academy.
Consequently, we strongly feel that the city's position on the previously
requested, and approved CUPs denied procedural due process to all affected
Kalispell residents.
I mentioned that residents of the neighborhood are in the process of forming
an action group for the purpose of enforcing Kalispell's residential zoning
restrictions. Since the eity's letter of September 25, 2009 appears to reflect
the City's final position regarding the academy's dormitory complex, I
anticipate that any action group established will desire to pursue any and all
legal remedies that might be available under the circumstances.
Again,, I appreciate the opportunity to have met with you to present the
neighborhood's views on this matter.
Sincerely,
Al Weed